Emmett MacCorkle Motecito: 77-Year-Old Man Identified As Emmett Wallace MacCorkle Died In Montecito Truck Accident At Casa Dorinda Retirement Community
MONTECITO, CALIFORNIA (March 3, 2019) – A 77-year-old man identified as Emmett Wallace MacCorkle has tragically died in a car accident on Hot Springs Road at the Casa Dorinda retirement community after being hit by a delivery truck.
Witnesses are saying that a box truck driver had recently delivered its packages and began backing up in a driveway. The driver hit Emmett Wallace MacCorkle but thought he hit a curb and began pulling forward.
To his dismay the delivery truck driver realized he hit the victim. Firefighters rushed to the Casa Dorinda Retirement Community in order to help the victim.
Despite life-saving efforts Emmett MacCorkle was later pronounced dead at the scene. It remains unclear if there will be any charges following the accident.
Liability In Back Up Accidents
Trucking companies are considered “common carriers” under the law and are held to a very high standard in terms of safety. According to Judicial Council of California Civil Jury Instructions, “Common carriers must carry passengers [or property] safely. Common carriers must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers [or property].”
Truck drivers have a responsibility to scan their surroundings and make sure that they won’t hit anything while moving. This is especially important near schools and retirement communities. Children and the elderly are at a particularly high risk for being involved in pedestrian accidents. For the most part, back up accidents are completely preventable. If a truck driver can’t see what’s behind them they should get out of the truck and check for themselves.
When a truck driver fails to use reasonable caution and hits a person while backing up they may face liability for the accident. Moreover, the company that they work for could face liability as well. Companies are supposed to train truck drivers how to operate their vehicles safely, but this doesn’t always happen. The family members of a victim that died in a truck accident may be able to seek recourse for damages under California Code of Civil Procedure 377.60. A truck accident attorney can investigate your claim free of charge and let you know what your rights are.
Investigating A Truck Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Emmett Wallace MacCorkle. We strongly encourage anyone that may have seen what happened to reach out to the Montecito police department as they continue to investigate. This accident should never have happened. Truck drivers should be using the utmost caution when backing up, especially in a retirement community of all places. There needs to be some accountability for the sake of the victim’s family.
If you or someone that you love has been injured in an accident at the Casa Dorinda you may have legal recourse. Our team of highly experienced personal injury attorneys are here to answer any questions that you may have. We can investigate the truck company responsible for your accident and get to the bottom of what went wrong. Whether you need a free investigation, a police report or just have questions about your rights we are here for you. You can always reach out to us anytime at (888) 888-9285.